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BOWEN SAFETY POLICY MANUAL <br />a legitimate medical explanation for the inability to provide <br />a specimen (either breath or urine), it will be considered a <br />refusal to test. In that circumstance the employee has <br />violated one of the prohibitions of the DOT regulations and <br />this policy. <br />viw Failure or decline to take an additional drug test Bowen or <br />collector has directed you to take. <br />vii. Failure to undergo a medical examination or evaluation, as <br />directed by the MRO as part of the verification process, or <br />as directed by the DER as part of a "shy bladder" or <br />"insufficient breath" situation. <br />vii. Failure to cooperate with any part of the testing process <br />and/or conduct that would obstruct the proper <br />administration of a test. (e.g., refusing to empty pockets <br />when so directed by the collector, behave in a <br />confrontational way that disrupts the collection process). <br />ix. For an observed collection, fail to follow the observer's <br />instructions to raise and lower clothing to permit the <br />observer to determine if you have any type of prosthetic or <br />other device that could be used to interfere with the <br />collection process. <br />X. Possess or wear a prosthetic or other device that could be <br />used to interfere with the collection process. <br />xi. Admit to the collector, MRO or supervisor that you <br />adulterated or substituted the specimen. A report from the <br />MRO that you have a verified adulterated or substituted <br />test result. <br />Reference Section 3.3.D for Disciplinary Procedures <br />D. Discipline Policy <br />1. It is the intention of Bowen to comply with state and federal laws. Where <br />state and federal law differ, Bowen will comply with federal law. For <br />example, some state laws permit the use and possession of marijuana for <br />medical and/or non -medical purposes. Federal law does not. Consistent <br />with federal law, Bowen considers marijuana to be an illegal drug for <br />purposes of this policy in all states — even those states that allow for <br />medical and/or non -medical use. <br />2. Employees who test above the allowable measured amount of prohibited <br />substances as indicated in SAMSHA Drug Screen Table of this Policy or as <br />set by project's requirements while on duty will be terminated. <br />Last Revised: May 2016 Section 3 Page 13 <br />